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by rikroots 1837 days ago
No. The GDPR is an EU Regulation which is, by definition, a binding legislative act. It applies in its entirety across the EU - no exceptions, no opt-outs. EU Member States are allowed to interpret (to a greater or lesser degree) EU Directives when they translate them into national law[1]

The EU GDPR no longer applies in the UK because the UK is no longer a member of the EU. The EU GDPR has been incorporated into UK law (as the UK GDPR) but there's nothing preventing the UK Government varying it at any point in the future[2]

[1] - https://europa.eu/european-union/law/legal-acts_en

[2] - https://ico.org.uk/for-organisations/dp-at-the-end-of-the-tr...

1 comments

'A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals.'
> A "directive" is a legislative act that sets out ...

Maybe my wording was a bit vague. How about: "The GDPR is an EU Regulation which is, by definition, a binding legislative act which applies in its entirety across the EU without the need for Member States to pass any further national legislation. This is different to EU Directives, which EU Member Sates will implement by translating them into their own national law - which in turn does give Member States room to 'interpret' the Directive's requirements - subject to legal challenge in the Court of Justice of the European Union"

And the GDPR is not a directive.
But cookie banners must also adhere to the ePrivacy Directive, which is a directive (as the name implies).